Power of Attorney

A Power of Attorney (POA) is a legal document that allows you to appoint someone you trust to manage your financial and legal affairs if you are unable to do so yourself. In South Australia, establishing a Power of Attorney provides peace of mind that your financial matters will be handled according to your wishes, whether temporarily due to travel or permanently in the case of illness or incapacity. At Mahony’s, we provide expert legal guidance on preparing and executing Powers of Attorney and Advance Care Directives to ensure your affairs are properly managed if you’re unable to make decisions on your own.

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An Enduring Power of Attorney (EPA) is often recommended because it remains in effect even if you lose mental capacity. Without a POA in place, your loved ones may have to apply to the court for legal authority to manage your affairs, a process that can be stressful and time-consuming. In addition to financial matters, Advance Care Directives allow you to appoint someone to make medical and lifestyle decisions on your behalf, ensuring that your healthcare preferences are respected if you become unable to communicate them.

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At Mahony’s, our team will guide you through the process of setting up these important legal documents, ensuring that your rights are protected and your wishes are clearly outlined. We help you choose the right person to act on your behalf and make sure that both your financial and healthcare needs are managed according to your preferences.

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Types of Powers of Attorney in South Australia

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1. General Power of Attorney
   A General Power of Attorney allows you to appoint someone to manage your financial and legal affairs for a specific period or purpose, such as when you are overseas. However, it only remains valid while you have mental capacity. Once you lose capacity, the General Power of Attorney ceases to be valid.
2. Enduring Power of Attorney (EPA)
   An Enduring Power of Attorney continues to be effective even if you lose mental capacity due to illness or injury. This is a critical document for long-term planning, as it ensures your financial affairs can be managed if you’re no longer able to make decisions yourself. The person you appoint (your attorney) can handle everything from paying bills to managing property and investments.

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What is an Advance Care Directive?

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An Advance Care Directive allows you to plan for future healthcare, lifestyle, and medical treatment decisions. It enables you to appoint a substitute decision-maker to make important medical and personal decisions on your behalf if you lose the ability to make them yourself. The directive covers areas such as:

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• Medical treatments you want or do not want
• Personal care decisions, such as accommodation and services
• End-of-life care preferences

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By preparing an Advance Care Directive, you ensure your healthcare wishes are respected, and your family is spared the burden of making difficult decisions without knowing your preferences.

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Important Considerations When Setting Up a Power of Attorney or Advance Care Directive

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• Choosing an Attorney or Decision-Maker: It’s crucial to appoint someone you trust to manage your financial or personal affairs. The person should be reliable, capable, and willing to act in your best interests. You can also appoint multiple people to share the responsibilities.
• Scope of Powers: Clearly outline the powers you wish to give your attorney. In a General Power of Attorney, you may specify a limited scope (e.g., managing bills while you are overseas). In an Enduring Power of Attorney, you should provide clear instructions on how your finances should be managed if you lose capacity.
• Legal Safeguards: It’s important to ensure that your Power of Attorney and Advance Care Directive are legally sound. Any ambiguity in these documents can lead to disputes or confusion. Our lawyers will ensure that your documents are correctly drafted, witnessed, and stored.
• Revoking a Power of Attorney: You can revoke your Power of Attorney at any time as long as you still have mental capacity. It’s essential to notify your attorney in writing if you decide to cancel or change your POA arrangements.

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By having both a Power of Attorney and Advance Care Directive in place, you can ensure that all aspects of your life, from financial management to healthcare decisions, are handled according to your wishes.

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Got a question? Ask Mahony’s.
We are here for you. Contact our expert team today to learn more about setting up a Power of Attorney and Advance Care Directive in South Australia, and ensure your future is secure.

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